M-2/26/2002
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
FEBRUARY 26, 2002
A regular meeting of the Santa Monica City Council was called to order by Mayor Feinstein at
5:43 p.m., on Tuesday, February 26,2002, at City Council Chambers, 1685 Main Street.
Ro II Call:
Absent:
Mayor Michael Feinstein
Mayor Pro Tern Kevin McKeown
Councilmember Richard Bloom
Councilmember Ken Genser
Councilmember Robert T. Holbrook (arrived at 6:55 p.m.)
Councilmember Pam O'Connor (arrived at 5:47 p.rn.)
Councilmember Herb Katz
Present:
Also Present: City Manager Susan McCarthy
City Attorney Marsha Jones Moutrie
City Clerk Maria M. Stewart
CONVENE/PLEDGE: On order of the Mayor, the City Council convened at 5:43 p.m., with
Councilmembers Katz, O'Connor, and Holbrook absent. Councilmember
Bloom led the assemblage in the Pledge of Allegiance.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Mayor Pro Tern McKeown. seconded by Mayor Feinstem, to
approve all items on the Consent Calendar as presented, reading resolutions
and ordinances by title only and waiving further reading thereof. The
motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, Mayor Pro Tern
McKeown, Mayor Feinstein
None
Councilmembers Katz, O'Connor, Holbrook
NOES:
ABSENT:
MINUTES
I-A: The minutes of the January 22, and February 5, 2002, City
Council minutes, were approved as submitted.
February 26, 2002
MAIN LIBRARY EIR
CALIFORNIA INCLINEI
PIER BRIDGE
WIDENING
Co unci/member 0 'Connor
arrived at 5:47 p.m.
STUDY SESSION:
Counci/member Holbrook
arrived at 6:55 p.m..
I-B: Main Library Project Environmental Impact Report Contract -
recommendation to authorize the City Manager to negotiate and execute
Contract No. 8072 (CCS) with EIP Associates, in the amount of$263,600,
to prepare an environmental impact report for the City's Main Library
project, was approved.
l-C: Outreach services for the California Incline Replacement and
Pier Bridge Widening Projects - recommendation to authorize the City
Manager to negotiate and execute Contract No. 8073 (CCS) with Harris and
Company, in the amount of$150,000, for public outreach services for the
two projects, was approved.
On order of the Mayor, the City Council recessed to hear closed sessions at
5:51 p.m., and returned at 6:50 p.m., with Councilmembers Katz and
Holbrook absent. Action taken on closed sessions was reported at the end
ofthe meeting.
3-A: Study session on Big Blue Bus funding, analysis of current fare
structure, and recommendation to direct staff to hold a public hearing
on May 14, 2002, for adoption of fare modifications, was held.
Members ofthe public Joey Fullmer, Julian Thompson, and Jerry Rubin spoke
in support of the Big Blue Bus.
Discussion ensued regarding the proposals and recommendations and the
effects of a fare modification.
Motion by Councilmember Genser. seconded by Councilmember Bloom, to
approve recommendation, refer the questions discussed to staff; to direct
staff to study the nexus of fees to commercial development, and to project
the 50 cent fare cost established in 1983, to current value. The motion was
unanimously approved by voice vote, with Councilmember Katz absent.
ADMIN. PROCEEDINGS: 6-A: Appeals to Planning Commission's denial of permits related to
MAIN STREET MIXED two mixed-use projects at2012-2024 and 2021-2029 Main Street -
USE PROJECTS recommendation to grant the appeals and reverse the Planning
Commission's actions; adopt Resolution No. 9746 (CCS) entitled: "A
RESOLUTIONAPPR.oVING FINDINGS NECESSARY TO APPROVE
PROJECT, ADOPTING STATEMENT OF OVERRIDING
CONSIDERA.TIONSA]\fD ADOPTING MITIGATION MONITORING
PROGRAM,"mjdconilitions for development review peririits, ;conditional
use permits, andwsting tentative map; and introduction and first reading of
an ordinance entitled: "AN. ORDINANCE OF THE CITY OF SANTA
2
February 26,2002
MONICA AMENDING MUNICIPAL CODE SECTION 9.04.08.28.070."
~
Applicant/Appellant: Calstar Equities, Inc., was presented.
Appellant Howard Jacobs spoke in support of the project.
Members of the public Kathleen Masser, William Floyd, Arthur Harris, Ellen
Brennan and Stephanie Barbanell spoke in opposition to the project.
Members of the public Paul Pearson, Halil Parlar, Josetta Parlar, Jerry Rubin
and Jenna Caden spoke in support of the project.
Motion by Councilmember Genser. seconded bv Councilmember O'Connor,
to adopt resolution, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
Motion by Councilmember Genser. seconded bv Councilmember O'Connor,
to introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the followin!
vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
Motion by Councilmember Genser. seconded by Councilmember Bloom to
approve findings and conditions for redevelopment review permits,
conditional use permits and vesting tentative map. The motion was
approved by the following vote:
AYES:
NOES:
ABSENT:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
3
February 26,2002
ORDINANCES:
PARKING
REGULATIONS FOR
ELECTRIC
VEHICLES
CITY CONTRACT
AUTHORITY
7-A: Second reading and adoption of Ordinance No. 2036 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
AMENDING MUNICIPAL CODE CHAPTER 9 REGARDING
HAZARDOUS VISUAL OBSTRUCTIONS ADJACENT TO VEIDCLE
AND PEDESTRIAN RIGHT-OF-WAYS, FENCES AND WALLS IN
THE HAZARDOUS VISUAL OBSTRUCTION AREA," was presented.
Motion by Councilmembers Holbrook. seconded by Councilmember
O'Connor, to adopt the ordinance, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
7-B: Second reading and adoption of Ordinance No. 2037 (CCS)
entitled: "AN ORDINANCE OF THE CITY OF SANTA MONICA
ADDING SECTION 3.12.835 TO THE MUNICIPAL CODE AND
AMENDING SECTION 3.16.120 OF THE MUNICIPAL CODE TO
ESTABLISH PARKING REGULATIONS RELATING TO ELECTRIC
VEIDCLES," was presented.
Motion by Mayor Pro Tern McKeown. seconded by Councilmember Bloom,
to adopt the ordinance, reading by title only and waiving further reading
thereof. The motion was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
7-C: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA AMENDING
CHAPTER 2 OF THE MUNICIPAL CODE TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO PROFESSIONAL SERVICES
CONTRACTS INVOLVING THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS WITHOUT REQUIRING PRIOR
CITY COUNCIL APPROVAL," was presented.
Members of the public A.M. Mann, Stephanie Barbanell, Jerry Rubin and
Ellen Brennen spoke in opposition to the ordinance.
4
February 26, 2002
Member of the public Chris Harding spoke in support of the ordinance
Motion by Councilmember Genser. seconded by Councilmember O'Connor
to introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSEN
MONTANA AVENUE
7-D: Introduction and first reading of an interim ordinance entitled:
"AN ORDINANCE OF THE CITY OF SANTA MONICA EXTENDING
MODIFICATIONS TO DEVELOPMENT STANDARDS, USES
SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES
SUBJECT TO A USE PERMIT, PROHIBITED USES AND THE
DEVELOPMENT REVIEW THRESHOLD WITHIN THE C2
NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA
AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA
AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM
FLOOR AREA RATIO FOR EXISTING CINEMAS," was presented.
There was no one present for public comment
Motion by Mavor Pro Tern McKeown. seconded by Councilmember Genser,
to introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT
LEASE AGREEMENTS 7-E: Introduction and first reading of an ordinance entitled: "AN
ORDINANCE OF THE CITY OF SANTA MONICA APPROVING
CERTAIN LEASE AGREEMENTS BETWEEN THE CITY AND THE
REDEVELOPMENT AGENCY," was presented.
There was no one present for public comment
5
February 26,2002
SPECIAL JOINT
MEETING:
MID-YEAR BUDGET
Motion by Councilmember Holbrook. seconded by Councilmember Bloom,
to introduce and hold first reading of the ordinance, reading by title only and
waiving further reading thereof. The motion was approved by the following
vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, MayoJi Feinstein
None
Councilmember Katz
NOES:
ABSENT:
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
,THE REDEVELOPMENT AGENCY:
8-A: Fiscal Year 2001-02 Mid-Year Review - recommendation that: the
City Council, the Housing Authority, and the Redevelopment Agency
approve the budget changes proposed; and the City Council adopt
Resolution No. 9747 (CCS) entitled: "A RESOLUTION OF THE CITY OF
SANTA MONICA ESTABLISHING VARIOUS CLASSIFICATIONS
AND SALARY RATES," waspr~sented.
. -~:-:'-'.':~
Members of the public Tom Carter and Maria Arechaederra addressed
various budget matters.
Motion bv Councilmember Holbrook. seconded by Councilmember
O'Connor. to approve proposed budget changes. The motion was approved
by the following vote:
AYES:
Councilmembers,Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
'Motion by Councilmember Holbrook. seconded bv Councilmember
O'Connor, to adopt resolution, reading by title only and waiving further
reading thereof. The motion was approved by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern M?Keown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
6
February 26,2002
ADJOURNMENT OF
JOINT MEETING
peD PRIORITIES
Motion by Mayor Feinstein. seconded by Councilmember O'Connor, to
I~
direct staff to work with lobbyist to give legislative exemption to cities that
already fund social services programs beyond the threshold amount, relative;
to a pending bill in Sacramento on reallocation of sales tax revenues. The
motion was unanimously approved by voice vote, with Councilmember Katz
absent.
On order of the Mayor, the special joint meeting adjourned at 9:20 p.rn., and
the City Council reconvened to their regular Council meeting with
Councilmember Katz absent.
8-B: Update to workload priorities for Planning and Community
Development Department in Fiscal Year 2001-2002, was presented.
The following members of the public provided input on the order of
priorities for the department: Arthur Harris, Joan Charles, Sandy Grant,
Rick Laudati, Dennis Woods, Ed McCann, Ann McHugh, Stephanie
Barbanell, A. Holcomb, Russell Bennett, Chuck Allord, and Ellen Brennan.
Motion bv Councilmember Genser. seconded by Mayor Pro Tern McKeown,
to defer the Auto Dealers and the California incline EIR projects and move
up on the priority list the Circulation Element and the Transportation Right
of Way.
Discussion ensued on the individual projects, the current status of the
projects, and the effect on ongoing efforts if the department's priorities are
rearranged.
Councilmember Genser withdrew his motion
Motion bv Mayor Feinstein.. seconded by Councilmember Holbrook, that for
the current fiscal year, on the matter of the City's alcohol policy - to ask the
Planning Commission to work on conditions and on most effective ways to
deal with the issues, and involve members of the public to help define and
identify ways to deal with the different problems; that there be an analysis on
the options to expand Architectural Review Board noticing to make it
effective and affordable; to consolidate retail uses into promenade uses; and
as to the auto dealer task force project, the expansion of study to continue,
pending approval of finances. In addition, that for next fiscal year's planning
priorities - foreshadowing Council interest for placing high priority on: Rl
standards for Sunset Park and north of Wilshire, Borderline Neighborhood,
light manufacturing/housing, Circulation Element, and the transportation
right of way,
7
~ebruary 26, 2002
COUNCIL ITEMS:
EXPOSITION
CORRIDOR
RAIL LINE
HIGH SCHOOL
ORCHESTRA
SANTA MONICA
COLLEGE MEASURE
"U"
The motion was unanimously approved by voice vote, with Councilmember
Katz absent.
13-A: Request of Mayor Feinstein to direct staff to pursue an
accelerated development of the exposition corridor rail line in Santa
Monica, including potentially convening relevant city, county, state
and federal agencies to explore synergistic funding opportunities to mix
transportation, recreation, education and housing, was presented.
Member ofthe public Chuck Allord spoke in opposition to the request.
Members of the public Jonathan Arthur, Darrell Clark and Jean Gebman
spoke in support of the request.
Motion bv Mayor Feinstein, seconded by Councilmember McKeoYffi, to
approve request. The motion was unanimously approved by voice vote,
with Councilmember Katz absent.
13-B: Request of Council member Genser that the City make a
donation to the Santa Monica High School Orchestra's campaign to
raise travel funds to attend and perform at Carnegie Hall, was
presented.
Members of the public Daniel Osansky and Joe Phelps spoke in support of
the request.
Motion by Councilmember Genser, seconded by Councilmember Bloom, to
approve $15,000 from Council's discretionary funds for the High School
Orchestra, with the funding to cover members only and not chaperones.
The motion was unanimously approved by voice vote, with Councilmember
Katz absent.
13-C: Request of Councilmember Bloom, as liaison to the Commission
on Older Americans, to consider the Commissions' request that the
Council support the Santa Monica College Bond Act Measure "U"
scheduled for the March 5, 2002, Primary Election, was presented.
Daniel Cohen, member of the Commission on Older Americans, spoke in
support ofthe request. Member ofthe public Chuck Allord spoke in
opposition to the request.
Discussion ensued on the merits of the measure and on statements made
during public comment.
8
February 26,2002
CLOSED SESSIONS:
Motion by Councilmember O'Connor. seconded by Councilmember
Holbrook, to table the matter.
Further discussion ensued. The motion was dropped and no reportable
action was taken.
2-A: Conference with Legal Counsel- Existing Litigation: Panraneh
Rahnama v. Citv of Santa Monica, Case No. SC 062 679.
Motion by Councilmember Holbrook. seconded by Councilmember
O'Connor, to approve settlement in the amount of$25,000. The motion
was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
2-B: Conference with Legal Counsel- Existing Litigation: Southern
California Water Company v. City of Santa Monica, Case No. SC 064
682.
Assistant City Attorney Joe Lawrence reported the following: A settlemen1
has been agreed upon related to this litigation case to assign and transfer to
the City of Santa Monica all of Southern California Water Company's legal
rights to its claims brought against the oil industry, leaving the City as the
only entity suing the oil industry for the Charnoc Basin contamination. The
City will be purchasing, at a price to be determined by arbitration, all
Southern California Water Company's rights to the basin, so the City will be
only entity with rights to pump water from the basin. The City will make a
$150,000 non-refundable deposit toward the purchase from account number
C25085499.589000.
Motion by Councilmember O'Connor. seconded by Councilmember Bloom,
to approve the settlement and $150,000 appropriation, and to authorize the
City Manager to execute all related documents. The motion was approved
by the following vote:
AYES:
Councilmembers Holbrook, O'Connor, Bloom, Genser,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
9
February 26, 2002
PUBLIC INPUT:
2-C: Conference with Legal Counsel- Existing Litigation: City of
Santa Monica v. Shell Oil Company, Case No. 01CC04331.
ACTION:
Heard. No reportable action taken.
2-D: Conference with Legal Counsel- Existing Litigation: David
Levv et al.. v. City of Santa Monica, Case No. SC 063 147.
ACTION:
Heard. No reportable action taken.
2-E: Conference with Legal Counsel- Existing Litigation: 2000
Main Street v. City of Santa Monica, Case No. SS 067 899.
ACTION:
Heard. No reportable action taken.
2-F: Conference with Legal Counsel- Existing Litigation: Pico
Neighborhood Association v. Citv of Santa Monica, Case No. SC 063
874.
ACTION:
Not heard.
2-G: Claim No. ASM 01-1520 against the City of Santa Monica.
Claimant: Raymond Hyrny.
Motion by Councilmember O'Connor. seconded bv Councilmember
Holbrook, to approve settlement in the amount of$200,000. The motion
was approved by the following vote:
AYES:
Councilmembers Genser, Bloom, O'Connor, Holbrook,
Mayor Pro Tern McKeown, Mayor Feinstein
None
Councilmember Katz
NOES:
ABSENT:
2-H: Conference with Legal Counsel- Anticipated Litigation.
Number of cases: Four.
ACTION:
One case heard. No reportable action taken.
Members of the public Chuck Allord, Art Casillas and Clifford Stem discussed
varIOUS concerns.
10
February 26, 2002
ADJOURNMENT:
On order of the Mayor, the City Council meeting was adjourned at 12:30 a.m.
r~
to March 5, 2002.
~TTES~
~\o- ~
Maria M. Stewart \
City Clerk
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Michael'Fe~tein
Mayor
11
February 26,2002